Missouri Court of Appeals, Southern District / Nov 12, 2024
ROBERT BINGHAM, Plaintiff-Respondent v. NATIONAL LIABILITY & FIRE INSURANCE COMPANY, Defendant-Appellant
Robert Bingham obtained a default judgment against National Liability & Fire Insurance Company in an equitable garnishment action after National failed to respond to the second garnishment petition. National moved to set aside the default judgment, arguing extrinsic fraud and that the trial court should consider grounds beyond fraud under Rule 74.06(d). The appellate court affirmed the trial court's denial, holding that National failed to demonstrate it was free of fault, neglect, or inattention, a prerequisite for equitable relief under Rule 74.06(d). The court also declined to expand the application of Rule 74.06(d) beyond established precedent.